5 Defense Strategies for Those Who Are Accused of Sexual Assault

 Posted on September 27, 2023 in Criminal Defense

Being accused of sexual assault is a serious matter that can have life-altering consequences. People in this situation may face severe penalties if they are convicted. A person could be sentenced to serve time in prison, required to pay large fines, and forced to register as a sex offender. Outside of the legal system, sexual assault accusations can destroy a person’s reputation. This may lead to the loss of employment, damage to personal relationships, or issues affecting child custody. 

If you have been accused of sexual assault, it is crucial to understand the defense strategies that you may be able to use during your case. An experienced attorney can provide the legal help you need, ensuring that you will be able to address sex crime charges correctly.

Potential Defense Strategies

When building a defense against charges of sexual assault, there are several potential strategies that may be used:

• Challenging claims of lack of consent: Accusations of sexual assault will often rest on whether the alleged victim consented to engage in sexual intercourse or other sexual activity. When defending against these accusations, it may be possible to demonstrate that the alleged victim willingly participated in sexual activity. This may involve presenting evidence or obtaining statements from witnesses who can testify that consent was indeed given.
• Mistaken identity: It may be possible to show that an alleged perpetrator was not the person who committed sexual assault. A defendant may be able to demonstrate that they were wrongly identified by the alleged victim or other parties. An attorney may challenge unreliable witness testimony or point out factors that could have resulted in false identification, such as poor lighting.
• False accusations: In some cases, a person may be falsely accused of sexual assault out of revenge, jealousy, or other ulterior motives by an alleged victim or other parties. In these situations, an attorney may be able to present evidence that discredits the credibility of the accuser and shows that their claims were false.
• Lack of evidence: If there is insufficient evidence to support allegations of sexual assault, an attorney can argue that there is reasonable doubt about the defendant's guilt. This strategy involves challenging the credibility and reliability of any existing evidence, showing that it is inconclusive or does not prove that the defendant actually committed the offense in question.
• Alibi: It may be possible to demonstrate that the defendant could not have committed sexual assault because they were in a different location at the time of the alleged offense. Evidence of a person’s whereabouts or testimony from the people they were with may be presented to show that they are innocent of the accusations against them.

These strategies are not exhaustive, and other options may be available depending on the specific situation. An experienced criminal defense lawyer can review the facts of a case, the evidence against a person, and the possible motives of the accuser to determine the ideal defense strategy. At Bucher Law Group, LLC, we can determine the most appropriate approach to take when defending against sex crime charges.

Contact Our Jefferson County Sexual Assault Defense Lawyer

If you have been accused of sexual assault in Wisconsin, it is crucial to seek legal representation immediately. At Bucher Law Group, LLC, we understand the gravity of these accusations, and we can help you protect your rights as you defend against criminal charges. Our Racine County sex crime defense attorney will provide you with effective representation to help you resolve your case successfully. Contact us at 262-303-4916 to set up a free consultation today.